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Plaintiff
v.
HARMAN, INC.
310 Annagem Blvd.
Mississauga, ON L5T 2V5
Canada
Defendant.
Spectrum is organized and existing under the laws of the Ohio and has its principal
Upon information and belief, Harman, Inc. a corporation organized and existing under
the laws of Canada, and has its principal place of business at 310 Annagem Blvd., Mississauga, ON
L5T 2V5, Canada.
JURISDICTION AND VENUE
3.
This is an action for patent infringement arising under the patent laws of the United
This Court has original and exclusive jurisdiction over the subject matter of this action
5.
Upon information and belief, this Court has personal jurisdiction over Harman
because Harman has advertised, marketed, distributed or sold infringing merchandise within this
district. This Court also has personal jurisdiction because Harman has engaged in acts or omissions
within this district causing injury, has engaged in acts or omissions outside of this district causing injury
within this district, has manufactured or distributed products used or consumed within this district in
the ordinary course of trade, has entered contracts with residents of this district, or has otherwise made
or established contacts with this district sufficient to permit the exercise of personal jurisdiction. This
Court also has personal jurisdiction because Harman has placed infringing goods into the stream of
commerce knowing that they would be sold in this district by, for example, by T.J. Maxx and
HomeGoods stores.
6.
Venue in this District is proper pursuant to 28 U.S.C. 1391(b) and 1400(b) because
defendant is subject to personal jurisdiction, and because the infringing products have been offered for
sale in this judicial district.
FACTUAL BACKGROUND
7.
Harman claims to be an industry leader in home fashions and sells a variety of metal
wire home goods to retailers throughout the United States. Such goods include: Napkin Holder
(Product No. 2783007); Basket w/ Handles (Product No. 2783207); Round Basket (Product No.
2783307); Basket (S) (Product No. 2783507); Basket (L) (Product No. 2783707); Square Basket
(Product No. 2783807); Wire Organizer (Product No. 278229); Standard (Product No. 2787371); and
Deco (Product No. 2757526) (collectively, the Harman Products).
9.
On information and belief, Harman has offered for sale and sold the Harman
10.
Harman has offered for sale and sold the Harman Products to retailers with
knowledge that the Harman Products would be offered for sale and sold in this judicial district.
11.
Spectrum is the owner by way of assignment of U.S. Patent No. D576,825 (the 825
Patent), entitled PAPER ROLL PRODUCT HOLDER. The 825 Patent was duly and legally
issued by the United States Patent and Trademark Office on September 16, 2008. The 825 Patent is
still in force and effect and is presumed valid under the U.S. patent laws. A copy of the 825 Patent is
attached hereto as Exhibit A.
12.
Spectrum is the owner by way of assignment of U.S. Patent No. D582,709 (the 709
Patent), entitled PAPER TOWEL HOLDER. The 709 Patent was duly and legally issued by the
United States Patent and Trademark Office on December 16, 2008. The 709 Patent is still in force
and effect and is presumed valid under the U.S. patent laws. A copy of the 709 Patent is attached
hereto as Exhibit B.
13.
Spectrum is the owner by way of assignment of U.S. Patent No. D634,122 (the 122
Patent), entitled BASKET. The 122 Patent was duly and legally issued by the United States Patent
and Trademark Office on March 15, 2011. The 122 Patent is still in force and effect and is presumed
valid under the U.S. patent laws. A copy of the 122 Patent is attached hereto as Exhibit C.
14.
Spectrum is the owner by way of assignment of U.S. Patent No. D637,000 (the 000
Patent), entitled BASKET. The 000 Patent was duly and legally issued by the United States Patent
and Trademark Office on May 3, 2011. The 000 Patent is still in force and effect and is presumed
valid under the U.S. patent laws. A copy of the 000 Patent is attached hereto as Exhibit D.
15.
Spectrum is the owner by way of assignment of U.S. Patent No. D639,613 (the 613
Patent), entitled ARTICLE HOLDER. The 613 Patent was duly and legally issued by the United
States Patent and Trademark Office on June 14, 2011. The 613 Patent is still in force and effect and is
presumed valid under the U.S. patent laws. A copy of the 613 Patent is attached hereto as Exhibit E.
3
16.
Spectrum is the owner by way of assignment of U.S. Patent No. D645,671 (the 671
Patent), entitled HOLDER FOR HOUSEHOLD ARTICLES. The 671 Patent was duly and
legally issued by the United States Patent and Trademark Office on September 27, 2011. The 671
Patent is still in force and effect and is presumed valid under the U.S. patent laws. A copy of the 671
Patent is attached hereto as Exhibit F.
17.
Spectrum is the owner by way of assignment of U.S. Patent No. D646,933 (the 933
Patent), entitled FRUIT BOWL AND FRUIT TREE. The 933 Patent was duly and legally issued
by the United States Patent and Trademark Office on October 18, 2011. The 933 Patent is still in
force and effect and is presumed valid under the U.S. patent laws. A copy of the 933 Patent is
attached hereto as Exhibit G.
18.
Spectrum is the owner by way of assignment of U.S. Patent No. D648,131 (the 131
Patent), entitled BASKET. The 131 Patent was duly and legally issued by the United States Patent
and Trademark Office on November 8, 2011. The 131 Patent is still in force and effect and is
presumed valid under the U.S. patent laws. A copy of the 131 Patent is attached hereto as Exhibit H.
COUNT I
INFRINGEMENT OF THE 825 PATENT
19.
Spectrum incorporates the allegations set forth in Paragraphs 1-18 above as if each
Harman has been and still is directly infringing the 825 Patent under 35 U.S.C. 271(a)
by making, using, offering to sell, and/or selling the Standard paper roll product holder (Product No.
2787371).
21.
A comparison of the paper roll product holder of the 825 patent to the infringing
22.
23.
24.
Hamans infringement of the 825 Patent has caused, and continues to cause, Spectrum
Spectrum and will continue to cause irreparable harm to Spectrum unless Harmans infringing
activities are enjoined by this Court.
COUNT II
INFRINGEMENT OF THE 709 PATENT
26.
Spectrum incorporates the allegations set forth in Paragraphs 1-25 above as if each
Harman has been and still is directly infringing the 709 Patent under 35 U.S.C. 271(a)
by making, using, offering to sell, and/or selling the Deco paper roll product holder (Product No.
2757526).
28.
A comparison of the paper roll product holder of the 709 patent to the infringing
29.
30.
31.
Hamans infringement of the 709 Patent has caused, and continues to cause, Spectrum
Spectrum and will continue to cause irreparable harm to Spectrum unless Harmans infringing
activities are enjoined by this Court.
COUNT III
INFRINGEMENT OF THE 122 PATENT
33.
Spectrum incorporates the allegations set forth in Paragraphs 1-32 above as if each
Harman has been and still is directly infringing the 122 Patent under 35 U.S.C. 271(a)
by making, using, offering to sell, and/or selling the Basket (S) (Product No. 2783507).
6
35.
A comparison of the basket of the 122 patent to the infringing basket is shown below.
The 122 Patent Basket
Basket (S)
36.
37.
38.
Hamans infringement of the 122 Patent has caused, and continues to cause, Spectrum
Spectrum and will continue to cause irreparable harm to Spectrum unless Harmans infringing
activities are enjoined by this Court.
COUNT IV
INFRINGEMENT OF THE 000 PATENT
40.
Spectrum incorporates the allegations set forth in Paragraphs 1-39 above as if each
Harman has been and still is directly infringing the 000 Patent under 35 U.S.C. 271(a)
by making, using, offering to sell, and/or selling the Basket w/ Handles (Product No. 2783207).
42.
A comparison of the basket of the 000 patent to the infringing basket is shown below.
Basket w/ Handles
43.
44.
45.
Hamans infringement of the 000 Patent has caused, and continues to cause, Spectrum
Spectrum and will continue to cause irreparable harm to Spectrum unless Harmans infringing
activities are enjoined by this Court.
COUNT V
INFRINGEMENT OF THE 613 PATENT
47.
Spectrum incorporates the allegations set forth in Paragraphs 1-46 above as if each
Harman has been and still is directly infringing the 613 Patent under 35 U.S.C. 271(a)
by making, using, offering to sell, and/or selling the Wire Organizer (Product No. 278229).
49.
A comparison of the article holder of the 613 patent to the infringing Wire Organizer
is shown below.
Wire Organizer
50.
51.
52.
Hamans infringement of the 613 Patent has caused, and continues to cause, Spectrum
Spectrum and will continue to cause irreparable harm to Spectrum unless Harmans infringing
activities are enjoined by this Court.
COUNT VI
INFRINGEMENT OF THE 671 PATENT
54.
Spectrum incorporates the allegations set forth in Paragraphs 1-53 above as if each
Harman has been and still is directly infringing the 671 Patent under 35 U.S.C. 271(a)
by making, using, offering to sell, and/or selling the Napkin Holder (Product No. 2783007).
56.
A comparison of the napkin holder of the 671 patent to the infringing Napkin Holder
is shown below.
Napkin Holder
57.
58.
59.
Hamans infringement of the 671 Patent has caused, and continues to cause, Spectrum
Spectrum and will continue to cause irreparable harm to Spectrum unless Harmans infringing
activities are enjoined by this Court.
COUNT VII
INFRINGEMENT OF THE 933 PATENT
61.
Spectrum incorporates the allegations set forth in Paragraphs 1-60 above as if each
Harman has been and still is directly infringing the 933 Patent under 35 U.S.C. 271(a)
by making, using, offering to sell, and/or selling the Round Basket (Product No. 2783307).
63.
A comparison of the paper roll product holder of the 933 patent to the infringing fruit
Round Basket
64.
65.
66.
Hamans infringement of the 933 Patent has caused, and continues to cause, Spectrum
Spectrum and will continue to cause irreparable harm to Spectrum unless Harmans infringing
activities are enjoined by this Court.
COUNT VIII
INFRINGEMENT OF THE 131 PATENT
68.
Spectrum incorporates the allegations set forth in Paragraphs 1-67 above as if each
Harman has been and still is directly infringing the 131 Patent under 35 U.S.C. 271(a)
by making, using, offering to sell, and/or selling the Basket (L) (Product No. 2783707) and the Square
Basket (Product No. 2783807).
70.
Comparisons of the baskets of the 131 patent to the infringing baskets are shown
below.
11
Basket (L)
Square Basket
71.
72.
73.
Hamans infringement of the 131 Patent has caused, and continues to cause, Spectrum
Spectrum and will continue to cause irreparable harm to Spectrum unless Harmans infringing
activities are enjoined by this Court.
12
B.
C.
D.
E.
F.
G.
H.
I.
Enter a preliminary and permanent injunction to enjoin Defendant and its officers,
agents, attorneys and employees, and those acting in privity or concert with it, from infringing the
825 Patent for the full term thereof;
J.
Enter a preliminary and permanent injunction to enjoin Defendant and its officers,
agents, attorneys and employees, and those acting in privity or concert with it, from infringing the
709 Patent for the full term thereof;
K.
Enter a preliminary and permanent injunction to enjoin Defendant and its officers,
agents, attorneys and employees, and those acting in privity or concert with it, from infringing the
122 Patent for the full term thereof;
L.
Enter a preliminary and permanent injunction to enjoin Defendant and its officers,
agents, attorneys and employees, and those acting in privity or concert with it, from infringing the
000 Patent for the full term thereof;
13
M.
Enter a preliminary and permanent injunction to enjoin Defendant and its officers,
agents, attorneys and employees, and those acting in privity or concert with it, from infringing the
613 Patent for the full term thereof;
N.
Enter a preliminary and permanent injunction to enjoin Defendant and its officers,
agents, attorneys and employees, and those acting in privity or concert with it, from infringing the
671 Patent for the full term thereof;
O.
Enter a preliminary and permanent injunction to enjoin Defendant and its officers,
agents, attorneys and employees, and those acting in privity or concert with it, from infringing the
933 Patent for the full term thereof;
P.
Enter a preliminary and permanent injunction to enjoin Defendant and its officers,
agents, attorneys and employees, and those acting in privity or concert with it, from infringing the
131 Patent for the full term thereof;
Q.
W.
Declare that this is an exceptional case and award of attorneys fees, expenses,
Spectrum;
AA.
Order an accounting for any infringing sales not presented at trial and award additional
Grant such other and further relief as the Court deems just and equitable.
JURY DEMAND
Plaintiff requests a trial by jury of any issue triable as of right pursuant to Rule 38(b) of the
Federal Rules of Civil Procedure.
Dated: June 12, 2015
15
(54)
US D576,825 S
(57)
CLAIM
Streetsboro, OH (US)
(**)
Term:
DESCRIPTION
14 Years
Filed:
(51)
(52)
(58)
................................................ ..
..................................................... ..
20-02
D6/521
D6/546i550,
References Cited
(56)
and the paper product roll holder do not form a part of the
*
*
*
D517,846 S *
D522,292 S *
D555,954 S
2/1998
5/2003
12/2005
D6/521
D6/521
* cited by examiner
are broken aWay indicate that the length of each of the broken
design.
The dotted line disclosure of elements in the vieWs is for
illustrative purposes only and forms no part of the claimed
design.
1 Claim, 3 Drawing Sheets
US. Patent
Sheet 1 of3
US D576,825 S
(((((
FIG.2
US. Patent
Sheet 2 of3
US D576,825 S
US. Patent
Sheet 3 of3
F|13.6
US D576,825 S
D5l7,846 S *
D522,292 S *
D545,599 S *
Streetsboro, OH
D562,042 s
Term;
(U )
US D582,709 S
2/2008
D6/521
* cited by examiner
14 Years
(57)
(22)
Filed;
(51)
(52)
(58)
................................................ .. 20-02
D6/521
References Cited
D474,635 S
5/2003
D479,072 S *
CLAIM
'
DESCRIPTION
'
Ancona ............ ..
US. Patent
Sheet 2 of3
US D582,709 S
US. Patent
Sheet 3 of3
US D582,709 S
(54)
D419,771
D420,513
D434,718
D443,159
D444,012
D472,750
D477,144
D507,108
BASKET
(Us)
Streetsboro, OH (US)
Term:
D608,598
D608,599
D616,252
D616,254
D616,255
D622,107
14 Years
Filed:
14, 2010.
US. Cl.
................................................ ..
.................................... ..
03-01
..
(56)
References Cited
U.S. PATENT DOCUMENTS
D193,215 S
7/1962
4,337,872 A *
7/1982 Wright ..
D296,601 S *
D382,710 S
D399,381 S
D412,080 S
8/1997 Henderson
10/1998 Hoernig
7/1999 Emery
May 3, 2011
2/2000
2/2000
12/2000
6/2001
6/2001
4/2003
7/2003
7/2005
Chen
Chen
Kreisler
Ferrer Beltran
Ferrer Beltran
Clucas
Remmers
Suero, Jr.
8/2006
10/2008
1/2010
1/2010
5/2010
5/2010
5/2010
8/2010
*
*
*9:
12/2010
12/2010
Goodman
Goodman
Goodman
Goodman
Goodman
Goodman
et
et
et
et
et
et
a1.
a1.
a1.
a1.
a1.
a1.
* cited by examiner
*
*
S
S
S
S
S
S
D629,610 S
D629,656 S
(51)
(52)
(58)
S
S
S
S
S
S
S
S
D526,454 S
D578,762 S
US D637,000 S
(57)
CLAIM
design;
FIG. 2 is a top plan view thereof;
FIG. 3 is a front elevational view thereof;
FIG. 4 is a right side elevational view thereof, the left side
US. Patent
May 3, 2011
Sheet 1 012
US D637,000 S
US D639,613 S
(56)
4*
References Cited
US PATENT DOCUMENTS
D387,949 S
12/1997
D42l,062 s *
1319/90
Dl9/90
D19/90
D568,056 S
5/2008
D582,697 S
12/2008
Yarborough ......... ..
Goodman et a1.
D6/317
........... .. D6/462
* Cited by examiner
Streetsboro, OH (U S)
Primary Examiner * Ian Simmons
(**)
Term;
14 Years
(57)
CLAIM
(22)
Filed:
(51)
(52)
................................................ .. 07-06
FIG'
415 a 110m elevailon YleW hereof and
FIG. 5 1s a s1de elevat1on v1eW thereof.
1319/75, 86, 90
See application ?le for complete search history.
US. Patent
Jun. 14 2011
Sheet 1 of2
US. Patent
Sheet 2 of2
US D639,613 S
GE:
(75)
US D645,671 S
D634,121 S
3/2011
2009/0065452 A1*
3/2009 Smith
2009/0065453 A1*
211/11
* Cited by eXaminer
(Us)
Term;
Streetsboro, OH (US)
(57)
14 Years
CLAIM
DESCRIPTION
(22)
Flled:
(51)
(52)
(58)
Aug 14 2010
(56)
References Cited
D436,463 S *
~~ 136/462
..
.
.
The broken lines showing in the drawings illustrates
environ
US. Patent
Sep.
US D645,671 S
FIG.
US. Patent
(I f
if
In
Sheet 2 of4
.51
W1
Li
US D645,671 S
L!
FIG.
2
SE
in
:"L
fkx
($112111:iiiiiiiiiiiiiifi7
FIG
FIG
US. Patent
US D645,671 S
FIG.
US. Patent
Sheet 4 of4
US D645,671 S
(54)
(75)
D446,688 S
Streetsboro, OH (US)
(**)
D3/306
D479,098 S
9/2003
D7/601
D7/ 601,
10/2008
3/2009
D7/601
D7/601
D7/601
CLAIM
design;
FIG. 2 is a top plan view thereof;
FIG. 3 is a fragmentary view, on an enlarged scale, of an
alternative mesh material used to form the bottom wall
References Cited
DESCRIPTION
*
*
Ancona ............ ..
The ornamental design for a fruit bowl and fruit tree, as shown
and described.
D371,228 S
* cited by examiner
(57)
D274,880
D339,266 S
14 Years
(56)
8/2001
9/2002 Conner
D578,762 S
D589,304 S
D462,422 S *
D519,325 S *
D567,030 S *
D569,691 S *
(Us)
Term:
US D646,933 S
D7/409
..
D7/409
Monin ......................... ..
D7/601
US. Patent
Sheet 1 012
FIG.1
US D646,933 S
US. Patent
Sheet 2 0f 2
US D646,933 S
(54)
BASKET
D477,144 S
D507,108 S
D526,454 S
D536,873 S
D554,417 S
D554,419 S
(Us)
D578,762
D608,598
D608,599
D616,252
D616,254
D616,255
Notice:
(**)
Term:
14 Years
Filed:
S
S
S
S
S
S
*1,
*Nov. 8, 2011
7/2003 Remmers
7/2005 Suero, Jr.
8/2006 Plikuhn
*
*
*
2/2007
11/2007
11/2007
10/2008
1/2010
1/2010
5/2010
5/2010
5/2010
Smith et a1.
Goodman et
Goodman et
Goodman et
Goodman et
Goodman et
a1.
a1.
a1.
a1.
a1.
(Continued)
Primary Examiner * EliZabeth Albert
US D648,131 S
(57)
Mar. 3, 2011
CLAIM
(51)
(52)
(58)
................................................ ..
03-01
...................................................... .. D3/306
(56)
References Cited
U.S. PATENT DOCUMENTS
D193,215 S
7/1962 Fredrick
4,337,872 A
D296,601 S
7/1982 Wright
7/1988 Chap
D382,710 S
8/1997 Henderson
D399,381 S
D412,080 S
10/1998 Hoernig
7/1999 Emery
D419,771
D420,513
D434,718
D443,159
D444,012
D472,750
2/2000
2/2000
12/2000
6/2001
6/2001
4/2003
S
S
S
S
S
S
Chen
Chen
Kreisler
Ferrer Beltran
Ferrer Beltran
Clucas
design;
FIG. 2 is a top plan view thereof;
FIG. 3 is a right side elevational view thereof, the left side
US D648,131 S
Page 2
US. PATENT DOCUMENTS
.
D616,680 S
6/2010
D634,121 S *
D634,122 S
13636999 S
D622,107 S
D629,610 S
D629,656 S
* cited by examiner
D637000 S *
3/2011
3/2011
5/2011
5/2011
Goodman
Goodman
Goodman
Goodman
et
et
et
et
a1.
a1.
a1.
a1.
........... ..
..
.
..
.
........... ..
D3/306
D3/306
D3/306
D3/306
US. Patent
Nov. 8, 2011
Sheet 1 of6
FIG.1
US D648,131 S
US. Patent
Nov. 8, 2011
Sheet 2 of6
'1
(v,
US D648,131 S
(m
Kin
FIG. 2
\NWWW/W
\
{A}* * *
FIG . 4
US. Patent
Nov. 8, 2011
Sheet 3 of6
FIG. 6
US D648,131 S
US. Patent
NOV. 8, 2011
Sheet 4 0f 6
US D648,131 S
KV)
FIG. 7
KV)
FIG. 8
FIG. 9
US. Patent
Nov. 8, 2011
Sheet 5 of6
FIG. 10
US D648,131 S
US. Patent
Nov. 8, 2011
Sheet 6 of6
US D648,131 S
FIG. 11
//
FIG. 12
FIG. 14
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VII. REQUESTED IN
81'(558/()5&Y3
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
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JURY DEMAND:
DEMAND $
'2&.(7180%(5
6,*1$785(2)$77251(<2)5(&25'
06/12/2015
FOR OFFICE USE ONLY
5(&(,37
$02817
$33/<,1*,)3
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1.
2.
3.
General Civil
Administrative Review/Social Security
Habeas Corpus Death Penalty
II.
RELATED OR REFILED CASES. See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court
and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and
subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor
the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for
bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet."
This action is
If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number.
III.
In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the
divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the
purpose of determining the proper division, and for statistical reasons, the following information is requested.
ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH
PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP.
(1)
Resident defendant. If the defendant resides in a county within this district, please set forth the name of such
county
COUNTY:
Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in which
it has its principal place of business in that district.
Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the county
wherein the cause of action arose or the event complained of occurred.
COUNTY:
(2)
(3)
Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principle
place of business within the district, and the cause of action arose or the event complained of occurred outside
this district, please set forth the county of the plaintiff's residence.
COUNTY: Portage County, OH
IV.
The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is
determined in Section III, please check the appropriate division.
EASTERN DIVISION
AKRON
CLEVELAND
YOUNGSTOWN
WESTERN DIVISION
TOLEDO
Northern
District
Ohio
__________
District
ofof
__________
SPECTRUM DIVERSIFIED DESIGNS, INC.
Plaintiff
v.
HARMAN, INC.
Defendant
)
)
)
)
)
)
)
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
; or
; or
u Other (specify):
.
My fees are $
Date:
Servers signature
Servers address
0.00